The Enemy Property Act, 1968

Section 5

In force · As amended up to 2026-08

5. Property vested in the Custodian of Enemy Property for India under the Defence of India Rules, 1962, and the Defence of India Rules, 1971 to continue to vest in Custodian.—[4] [(1)] Notwithstanding the expiration of the Defence of India Act, 1962 (51 of 1962), and the Defence of India Rules, 1962, all enemy property vested before such expiration in the Custodian of Enemy Property for India appointed under the said Rules and continuing to vest in him immediately before the commencement of this Act, shall, as from such commencement, vest in the Custodian. 5[(2) Notwithstanding the expiration of the Defence of India Act, 1971 (42 of 1971) and the Defence of India Rules, 1971, all enemy property vested before such expiration in the Custodian of Enemy Property for India appointed under the said Rules and continuing to vest in him immediately before the commencement of the Enemy Property, (Amendment) Act, 1977 (40 of 1977) shall, as from such commencement, vest in the Custodian.] 6[(3) The enemy property vested in the Custodian shall, notwithstanding that the enemy or the enemy subject or the enemy firm has ceased to be an enemy due to death, extinction, winding up of business or change of nationality or that the legal heir and successor is a citizen of India or the citizen of a country which is not an enemy, continue to remain, save as otherwise provided in this Act, vested in the Custodian. 1. Ins. by Act 3 of 2017, s. 2 (w.e.f. 10-7-1968). 2. Ins. by Act 40 of 1977, s. 4 (w.e.f. 27-9-1977). 3. Ins. by s. 5, ibid (w.e.f. 27-9-1977). 4. Section 5 renumbered as sub-section (1) thereof by s. 6, ibid . (w.e.f. 27-9-1977). 5. Ins. by s. 6, for ibid . (w.e.f. 27-9-1977). 6. Ins. by Act 3 of 2017, s. 3 (w.e.f. 10-7-1968). Explanation .—For the purposes of this sub-section, "enemy property vested in the Custodian" shall include and shall always be deemed to have been included all rights, titles, and interest in, or any benefit arising out of, such property vested in him under this Act.]

Source: India Code

How this section changed

  1. inserted by Act 3 of 2017, s. 3

    In force from 10 Jul 1968

    Footnote: 6. Ins. by Act 3 of 2017, s. 3 (w.e.f. 10-7-1968).

  2. renumbered by Act 40 of 1977, s. 6

    In force from 27 Sept 1977

    Footnote: 4. Section 5 renumbered as sub-section (1) thereof by s. 6, ibid . (w.e.f. 27-9-1977).

  3. inserted by Act 40 of 1977, s. 6

    In force from 27 Sept 1977

    Footnote: 5. Ins. by s. 6, for ibid . (w.e.f. 27-9-1977).